REGENTS OF UNIVERSITY OF N.M. v. HUGHES

Nos. 19834, 19845.

838 P.2d 458 (1992)

114 N.M. 304

The REGENTS OF THE UNIVERSITY OF NEW MEXICO, Petitioner-Appellee, v. Mary Ann HUGHES, Director, Alcohol and Gaming Division of the New Mexico Department of Licensing and Regulation, City Council of the City of Albuquerque, Albert Chavez, City of Albuquerque Administrative Hearing Officer, Respondents-Appellants, and The Southland Corporation, Real Party in Interest-Appellant.

Supreme Court of New Mexico.

Rehearing Denied September 9, 1992.


Attorney(s) appearing for the Case

Sutin, Thayer & Browne, Jonathan B. Sutin and Gregory P. Smith, Albuquerque, for appellant Southland.

Tom Udall, Atty. Gen. and Lynda Latta, Asst. Atty. Gen., Santa Fe, for appellants Hughes, et al.

Charles N. Estes, Jr.; and Rodey, Dickason, Sloan, Akin & Robb, Joseph B. Rochelle, III, Albuquerque, for appellee Regents.


OPINION

MONTGOMERY, Justice.

These consolidated appeals present two issues of interpretation of certain provisions of the Liquor Control Act.1 The first, and perhaps substantively more significant, issue is whether the word "school" in Section 60-6B-10, which prohibits issuance of a liquor license at a location within 300 feet of any church or school, is to be given a functional or a...

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